| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 328/02 |
| Hearing date | 6 Aug 2002 |
| Determination date | 11 November 2002 |
| Member | A Dumbleton |
| Representation | T Kurta ; C Lawrence |
| Location | Auckland |
| Parties | Henman v North Harbour Windows & Doors (1999) Ltd t/a Nu Look (North Shore) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged use of offensive language - Complaint received by customer - Dismissed at conclusion of disciplinary meeting - Not informed of right to have support person present - No investigation of allegations - Failed to establish actual words said - Inadequate enquiry - Dismissal unjustified - Remedies - Applicant received ACC payments after dismissal - Payments to be deducted from reimbursement of lost wages - Contributory conduct - Actual words used offended customer and contributed to grievance - Remedies reduced by 50 percent |
| Result | Application granted ; Reimbursement of lost wages (Quantum reserved) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Cases Cited | Dodd v D E & L M Spence Ltd t/a PAK 'N' SAVE unreported, Travis J, 24 October 2002, CC 25/02;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |